Rodney Dale Morrison v Peter Keith Ross; Rodney Dale Morrison v Glennies Creek Coal Management Pty Ltd [2006] NSWIRComm 205

Rodney Dale Morrison v Peter Keith Ross; Rodney Dale Morrison v Glennies Creek Coal Management Pty Ltd [2006] NSWIRComm 205

The aggregation of circumstances creating the risk of injury reflected a basic defect in the overall system used by the corporate defendant, notwithstanding that systems existed on paper and qualified persons were employed. The corporate offences were in the medium to high range of objective seriousness. Peter Keith Ross, as mine manager with overall responsibility for safety and implementation of high voltage procedures, had a high level of complicity and his offences were of the same order of seriousness. After allowing for guilty pleas, cooperation, remorse, remedial action, absence of relevant prior convictions, deterrence and totality, the Court imposed fines of $80,000 on Glennies...

Jurisdiction
Australia
Judgment Date
30 June 2006
Procedural Posture
Prosecutions Pursuant to Ss 8(1) and 8(2) of the Occupational Health & Safety Act 2000 / Penalty After Pleas of Guilty
Outcome
Each defendant was found guilty of each offence charged and convicted; monetary penalties, moiety and costs orders were made.
Legal Topics
['duties of Employers' 'liability of Directors and Managers' 'high Voltage Electrical Work in Coal Mines' 'safe Systems of Work' 'training and Supervision' 'objective Seriousness' 'general and Specific Deterrence' 'totality Principle']
['occupational Health and Safety' 'industrial Relations' 'mining Safety' 'criminal Penalty Assessment'] ['duties of Employers' 'liability of Directors and Managers' 'high Voltage Electrical Work in Coal Mines' 'safe Systems of Work' 'training and Supervision' 'objective Seriousness' 'general and Specific Deterrence' 'totality Principle']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Prosecutions Pursuant to Ss 8(1) and 8(2) of the Occupational Health & Safety Act 2000 / Penalty After Pleas of Guilty

Legal Issues

  1. 1 ['Assessment of penalty for corporate and individual defendants after guilty pleas to breaches of ss 8(1) and 8(2) of the Occupational Health & Safety Act 2000' 'Whether the offences involved a failure to provide or maintain a safe system of work for high voltage isolation and access procedures' 'Whether employees and labour hire workers received adequate training and supervision for high voltage electrical work' "The extent of Peter Keith Ross's liability and complicity as a person concerned in the management of the corporation under s 26(1) of the Occupational Health & Safety Act 2000" 'Application of general deterrence, specific deterrence, subjective factors, guilty pleas, remorse, cooperation and the principle of totality']

Ratio Decidendi

The aggregation of circumstances creating the risk of injury reflected a basic defect in the overall system used by the corporate defendant, notwithstanding that systems existed on paper and qualified persons were employed. The corporate offences were in the medium to high range of objective seriousness. Peter Keith Ross, as mine manager with overall responsibility for safety and implementation of high voltage procedures, had a high level of complicity and his offences were of the same order of seriousness. After allowing for guilty pleas, cooperation, remorse, remedial action, absence of relevant prior convictions, deterrence and totality, the Court imposed fines of $80,000 on Glennies...

Court Disposition

Each defendant was found guilty of each offence charged and convicted; monetary penalties, moiety and costs orders were made.

Orders

  • ['Each of the defendants is found guilty of each of the offences charged and convicted accordingly.' 'In each of matters IRC 5/456 and IRC 5/457, the defendant Glennies Creek Coal Management Pty Ltd is fined $80,000 with a moiety to the prosecutor.' 'In each of matters IRC 5/452 and IRC 5/453, the defendant Peter...